Coal Staff Superannuation Scheme Trustees Ltd v The Commissioners for HM Revenue and Customs: [2018] UKUT 0152 (TCC)
Upper Tribunal Tax and Chancery decision of Mr Justice Morgan and Judge Berner on 16 May 2018. Amended and re-published under Rule 42 of the Tribunal Procedure (Upper Tribunal) Rules 2008.
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INCOME TAX 鈥� pension fund lending overseas shares under stock lending arrangements 鈥� ICTA 1988, Sch 23A 鈥� manufactured overseas dividends (鈥淢ODs鈥�) representative of dividends on overseas shares 鈥� whether a difference in UK tax treatment between MODs and manufactured dividends representative of dividends on UK shares was a restriction on movement of capital 鈥� Art 56 EC Treaty; Art 63 TFEU 鈥� whether restriction justified by an overriding reason in the public interest 鈥� prevention of tax avoidance 鈥� balanced allocation of taxing powers 鈥� fiscal cohesion 鈥� remedy.